Waivers

US Supreme Court to Determine Whether Workers Waive Class Action

On Monday, the United States Supreme Court (“USSC”) will hear arguments in a matter fundamental to how employers and their employees and contractors argue about rights and entitlements.  The USSC can, in these matters, equip employers with powerful tools to shut down cases that look like the currently raging Uber class action and the important Microsoft class action (2000), the latter of which resulted in thousands of contractors becoming employees and receiving benefits and equity. …


Can Companies Bar Workers From Class-Action Claims?

This article is a follow-up to Wednesday’s story on the growing threat of class-action lawsuits against companies over wage-and-hour practices. The Supreme Court’s mid-January decision to take on a trio of cases related to class actions may serve to decide a hotly contested issue that’s of great economic consequence to many companies. The issue is around arbitration agreements, in which a …


Class Action Waivers: Will the Supreme Court Successfully Realign the Litigation Galaxy?

Finally. The wait is almost over. The U.S. Supreme Court will decide whether an employer may enforce a mandatory arbitration agreement that contains a class action or collective action waiver. Last Friday, the Supreme Court agreed to hear 3 cases stemming from the NLRB’s 2012 decision in D.R. Horton , in which the NLRB held that class action waivers violate employees’ Section 7 rights to engage in protected, concerted activity. D.R. Horton created uncertainty whether, for example, an employer, through an arbitration agreement, may force an employee to waive his or her right to pursue a class action minimum wage or overtime claim, or a Title VII discrimination claim, in an arbitration proceeding. …


South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds

The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is good news for developers and those who represent them. [i] In The Gates at Williams-Brice Condominium Association and Katharine Swinson, individually, and on behalf of all …


Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements

Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements At the end of 2015, Governor Jerry Brown vetoed AB 465, which would have banned mandatory arbitration agreements in the employment setting, including arbitration agreements with class action waivers. As many employers know, including a class action waiver in an arbitration agreement or clause has been a great …


Opinion: Got Arbitration Agreements With Class Waivers? The Fight May Not Be Over

Tuesday, September 6, 2016 Since the United States Supreme Court upheld the validity of class action waivers in commercial consumer arbitration agreements several years ago, many employers have found arbitration agreements with class action waivers a valuable tool to protect against the tide of class action litigation. In addition to avoiding the risk of a runaway jury award, these agreements …